Is it illegal to smoke and drive?

Wondering if smoking or vaping while driving is legal in the UK? We've got the facts on laws, fines, and best practices to keep you in the clear.

Is it illegal to smoke and drive?

So, is it illegal to vape while driving in the UK? Here's what the law actually says:

No, it’s not illegal in most situations to smoke while driving in the UK. But, if smoking distracts you, leading to unsafe driving, you could be charged with careless or dangerous driving. The Highway Code even lists smoking as a potential distraction to avoid while driving. So, while it’s not against the law, it could land you in hot water.

Can you vape while driving?

In the UK, over 10% of adults currently vape - that’s an estimated 5.5 million people*. But the numbers have decreased since 2024. This could be thanks to a new rule that was introduced on 1st June 2025, banning the sale and supply of single-use vapes in England and Wales.

New legislation came into effect on 29 April 2026, too. However, this mainly impacts the sale and marketing of vapes, rather than drivers using vapes on the road. But if you want to know more about the Tobacco and Vapes Act 2026, you can head over to the GOV.UK website.

So what does the law say about vaping and driving? Currently vaping while driving isn’t specifically illegal. However, large clouds of vapour could obscure your vision. This might result in a £100 fine and 3 penalty points for driving without due care and attention. For more severe cases that go to court, potential fines could reach up to £5,000 and a conviction could also mean points on your licence that affect your car insurance

^{*Sourcehttps://ash.org.uk/resources/view/use-of-e-cigarettes-among-adults-in-great-britain: (Correct as of July 2026)}

Smoking in a car with children

Under UK smoking in car law, it's illegal to smoke in a vehicle carrying anyone under 18. This law has been in place since October 2015 and is designed to protect children from the dangers of second-hand smoke. The rule applies even if windows are open or air conditioning is running. Essentially, if there’s a roof—fully or partially enclosed—smoking is off the table when kids are on board.

Can you be fined for smoking with children in the car?

Yes, you can. Both the driver and the smoker can be fined £50 each if caught smoking with a minor in the vehicle. The law is strict on this point to prioritise the health and safety of young passengers.

Vaping with children in the car

Vaping with children in the car is not currently prohibited by law. However, health experts caution against it due to potential risks associated with second-hand vapour. It’s also worth considering the example you’re setting for younger passengers.

Smoking in company cars

Company cars used primarily for work or by multiple employees must be smoke-free at all times, even when they’re not being used to transport passengers. This rule aligns with smoke-free workplace laws. If the vehicle is solely for personal use, however, you may be able to smoke in it. Double-check with your employer if you’re unsure.

Can you smoke in a rental car?

Most rental companies have strict no-smoking policies, so lighting up in a hire car could lead to hefty cleaning fees or fines. These terms are usually stated clearly in your rental agreement. If in doubt, always ask before sparking up.

Can you smoke in a motorhome or caravan?

This depends on the situation. If your motorhome or caravan is parked and being used as a home, you’re generally allowed to smoke. However, while driving, the same rules as regular cars apply—especially if there are children present.

Can passengers smoke in a car?

While the driver is ultimately responsible for the vehicle, passengers can legally smoke in private cars unless children are present. However, if their actions distract the driver or cause unsafe driving conditions, the driver could face legal consequences.

Useful tips for drivers who smoke

1. Take smoking breaks: Pull over safely if you need to smoke, rather than multitasking while driving.
2. Keep your car fresh: Consider using air fresheners or cleaning regularly to remove lingering odours.
3. Know the rules: Always double-check policies when driving rentals, company cars, or shared vehicles.

In short, whether you're smoking, vaping, or driving with others, knowing the rules keeps you safe on the road.